Securities Law Commons^™

The Federal Trade Commission And Privacy: Defining Enforcement And Encouraging The Adoption Of Best Practices, Andrew Serwin

San Diego Law Review

This Article examines the history of privacy enforcement by the Federal Trade Commission (FTC), including the FTC’s jurisdiction under section 5, and its privacy enforcement matters, as well as the FTC’s recently issued report, Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers, in which the FTC examines past enforcement models, noting their failings. In light of the FTC’s examination of past enforcement models, this Article then analyzes these models, including the accountability-centric model that has previously been utilized in the United States, as well as the FTC’s proposed solution to the privacy …

The Trouble With Investment Banking: Cluelessness, Not Greed, Will Bunting

San Diego Law Review

We assume that the set of marketable financial instruments can be divided into two distinct categories: (1) easy to price and (2) difficult to price, and then isolate two behavioral effects as most important with respect to securities trading in difficult-to-price securities; specifically, the "house money effect" and the "earned money effect." It is shown that these behavioral effects discourage profitable investment in research effort.

We then argue that the Private Securities Litigation Reform Act (PSLRA) safe harbor should not apply to investment banks that issue/underwrite difficult-to-price securities. We also advocate for the return of the private investment banking partnership …